For any healthcare worker applying for the UK on a Health and Care Worker Visa UK, it is important to learn about the entitlement of their dependents under their Health & Care Worker visa. The Health and Care Worker dependent visa lets the partner and children of eligible workers apply for the UK. It provides them an opportunity to live in the UK in the same way as other citizens. In this blog, we will guide you through the significant details of the Health and Care Worker dependent Child Visa. You will learn noteworthy information such as who can apply, how to apply, and what benefits your dependent children can get while living in the UK. In case you are planning to apply soon, or just collecting information. This guide will help you navigate the visa process smoothly.
According to the 11 March 2024 changes in UK immigration rules, only dependants of care workers who were granted leave to remain in the UK before 11 March 2024 can accompany the main applicant under the Skilled Worker visa program for the Health and Care Worker Visa under SOC codes 6135 and 6136. However, new applicants applying for a Skilled Worker visa in these roles after 11 March 2024 cannot bring their dependants (children) to the UK.
As per the UK immigration law under Health and Care Worker Visa UK, dependents can be the married/unmarried partner of the main applicant and their children. Child is defined as:
Children who are 18 or older and have not been previously granted permission as dependents do not qualify under normal circumstances. However, under compelling and compassionate circumstances, an application can be made for over 18 children if they are truly dependent on their parents. The UKVI can decide that application in favour of the applicant by exercising its discretion if the applicant proves the compelling and compassionate circumstances.
The age requirement for dependent children is clearly defined in the UK immigration law.
Financial support is another key element for both children under and over 18. The UK Home Office requires that the main applicant provide evidence that they have sufficient funds to support their dependents while in the UK. The fee is listed:
The funds must remain in the relevant bank account for a minimum period of 28 consecutive days. This can be proved by providing the bank statement of the relevant period.
In case if the applicant is making the application for permission to stay in the UK, and if the applicant or dependents have been in the UK for a minimum of 12 months on a valid visa, or if the employer verifies the financial support for the initial month, the dependants are not required to provide the evidence of funds.
Children who are over 18 but were previously granted dependent status may still qualify for continued dependent status under certain circumstances:
If a child over 18 is physically or mentally disabled and cannot support themselves, they may remain dependent. The disability must be substantial and permanent, necessitating ongoing care and support from their parent(s).
A child over 18 may be considered a dependent if they are in full-time education and rely on their parents for financial support. This often applies to students who have not yet finished their higher education and are still financially dependent on their parents.
If the child is unmarried and continues to live with the parent in the same household, they may be considered dependent, particularly if they have not yet established an independent life.
Children who were previously recognized as dependents before turning 18 but continue to rely on the financial or emotional support of their parents may still qualify for dependent status.
In cases of exceptional circumstances, such as those related to humanitarian issues, conflict, or family disruption, a child over 18 may still be granted dependent status. Such applications are considered on a case-by-case basis.
Certain visa categories may allow for more flexibility in defining a dependent child, such as in family reunification cases under the EU Settlement Scheme or specific immigration routes for individuals who have a strong family connection in the UK.
Health and Care Worker Child Visa UK
A child-dependent visa application requires many supporting documents. The child must have a valid passport. All parents need to provide their passports that relate to their visa status. This includes:
This can be evidenced by such documents as a letter from the Home Office, a vignette in a passport, or a Biometric Residence Permit (BRP). If the relevant parent is solely responsible parent of the child, it can be evidenced by providing the relevant legal documents such as court order. Additional evidence of parentage may include evidence confirming that the child is living with the relevant parent, photographs, texts, or emails etc. To prove that the applicant can maintain his child, financial documents such as pay slips, bank statements, or P60 forms should be provided. It will also be necessary to prove that they have suitable accommodation for him by providing tenancy agreements or mortgage deeds.
For visa applications made from outside the UK, parents must include their date of birth and nationality. Children from specific countries must also provide required medical test results, such as tuberculosis screening, if applicable these documents help establish the child’s relationship with sponsor, financial support, and suitable living arrangement.
To start the process of acquiring a UK child-dependent visa, an applicant or parent will need to register an account on UKVI official website and fill up the relevant application form by providing all the information asked.
The applicants then need to pay the visa fees, and any other costs associated with the immigration health surcharge.
The procedure completes with the submission of the online application, uploading the relevant documents and complying with the biometrics requirements. For in-country applications there may be an option to comply with the biometrics by using the IDV app.
However, for Entry Clearance applications, the applicant must attend the relevant visa centre. These applications can be made from outside the UK by making an entry clearance application or by applying for permission to stay in the UK if the applicant is already in the UK on any other resident’s visa category. Upon the successful outcome, the client will either be granted entry clearance as a dependent or dependent child of the UK worker if applied from outside the UK or permission to stay if making further leave to remain in the UK.
The biometrics procedure is conducted to aid in electronically identifying the applicant. Biometrics are, however, collected at the visa application centre in case the Temporary Visa Process (TVP) is being used by those who are making their applications from outside the UK. Biometrics are instead obtained via UKCVS if the application is made within the UK that makes the process more secure and authenticates the identity of the applicant. Timelines may differ due to a variety of reasons for the processing of dependent and child-dependent visas. It usually takes around 3 weeks to 8 weeks from outside the UK.
However, it is subject to other factors like the requirements of the country, security clearance, or documentation required etc. For candidates who are already in the UK, the time limits are the same, but there may be processing delays due to further verification requirements. They may also be delayed because of incomplete documents, missed biometric appointments, or financial and identity verification issues. It is extremely important that child-dependent visa applicants stay active during the waiting period and check the official UK government website regularly for information regarding their application and timelines.
A Health and Care Child Dependent Visa UK is linked to that of the parent. The dependents are issued with the visa in the line of the expiry date of the main applicant. This means that the child will automatically lose their visa when the parent’s visa expires, regardless of whatever the dependent’s age would be. When the parent’s visa is due for expiry, so will the child’s, thus requiring the child to submit for extension or renewal with the parent. In cases where both parents have UK visas but differ in expiry dates, the child’s visa will be associated with the parent with the earlier expiry.
The child will need to apply for an extension of stay before the expiry date so that the child’s visa is valid for the same duration as the parent’s visa. Usually, an extension application is done simultaneously with the parent’s visa renewal application to avoid a lapse in their stay in the United Kingdom. The child also must provide the required supporting documents, such as proof of their relationship to their parent or other immigration requirements for dependents. Exercising child dependents’ immigration rights depends on the parent’s status. There is a clear link between the child’s dependents and the parent. When renewing or extending their stay, the immigration control of child dependents is always secondary to the primary visa holder.
When applying for a UK visa as a dependent child of a Skilled Worker, there are specific financial requirements that must be met to ensure that the applicant and their family can support themselves during their stay.
If the applicant has been living in the UK with permission for 12 months or longer, they do not need to provide additional proof of funds. However, in case if the applicant is applying for entry clearance (from outside the UK) or has been in the UK for less than 12 months. In that case, they must demonstrate that they have sufficient funds to support themselves and their dependents.
The required financial amounts for dependent children are as follows:
These funds must be held collectively by the applicant, the Skilled Worker, or the parent of the dependent child who is lawfully present in the UK or applying for entry clearance at the same time. The Skilled Worker’s sponsor (if they are A-rated) can certify that they will maintain and accommodate the dependent child during their first month in the UK, covering these financial requirements.
The funds must have been held for at least 28 consecutive days, with Day 28 falling within 31 days of the visa application. This ensures that the applicant has enough financial support for their dependent children during their stay in the UK, helping them avoid becoming a burden on public funds.
It is important to ensure the child-dependent visa application is accurate and comprehensive. Most refused applications give reasons for not providing the adequate evidence. It means lack of evidence is the main reason for the refusal of most applications. Lack of evidence may also cause delays if not refused. In the event the parents are separated/divorced the sponsor parent must provide the evidence of being a solely responsible parent.
The child will also need to provide travel documents, such as a passport, to identify them. To reduce complications, they must have all papers up-to-date, certified, and translated into English if applicable. Another frequent problem in health and care worker child visa UK is the absence of adequate financial support or due sponsorship confirmation. Whereas in the UK, sponsors may verify that they are able to sponsor the child. This encompasses financial evidence in the form of income statements, bank statements, pay slips, and tax returns. If the child’s sponsor is not the leading applicant, they may provide a financial sponsorship letter along with additional financial evidence as required by UKVI.
The sponsor must provide financial proof, or they will decline the application, making accurate documentation vital. It is also necessary to demonstrate the relationship of the primary applicant to the child. The child must demonstrate that they rely on the sponsor emotionally and financially. School records, medical records, or a doctor’s note would suffice.
Stepparents and guardians are required to present custody or guardianship documents. Failure to demonstrate dependency can lead to applications being refused, so evidence that is reasonable and sufficient would be required. Incorrect category choice is also a cause of refusals. The UK has prescribed categories for child dependents. For example, a child applying through a parent’s work visa must apply as a Skilled worker/care worker dependent rather than under family reunification. This prevents mistakes and delays in applying in the wrong category. Finally, legal advice can strengthen the application. Immigration law is complex, and professional advisors will make sure that the relevant documents are prepared and submitted. They guide the right visa category to apply for and provide dependency evidence. Legal representatives can help with appeals with application that got rejection.
If your Dependent Health and Care Worker Child Visa is refused, carefully review the refusal letter for specific reasons. These often include missing or incorrect documentation. Common issues leading to refusals include incomplete financial evidence, missing birth certificates, or inadequate proof of the parent-child relationship. To avoid this, ensure all required documents, such as financial records and proof of accommodation, are included and up to date.
For anyone facing the challenges posed by UK immigration law, Sunrise Solicitors emerges as a valuable ally. This law firm provides a wide variety of immigration services, including dependent visa applications, owing to the experience and skills possessed by their legal staff.
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